Can a Co-owner Sell Half of a Piece of Land?

A co-owner could force the sale of property in some situations.

Ideally, every piece of real estate would have a single owner, but in the real world, property ownership often involves multiple parties. In some cases, among unmarried couples, business partners or heirs, one party may wish to hold onto a property while the other wishes to divest. In these cases, co-owners can’t immediately sell their half of a property, but may force the court to partition it.

Partitioning Property

Although state laws on partitioning co-owned property vary, California property co-owners each have the right to partition the property. Under the law, partitioning a property doesn’t create a new title for the land, but merely assigns specific ownership rights to each of its owners, providing each owner with equitable parts of the property. For example, an 8,000-acre lot may be partitioned among four heirs so that each person has 2,000 acres.

Partition Through Division

Generally, the court may seek partition through division; this allows the court to divide a property into equitable sections for co-owners to use as they see fit. By dividing the property, it allows co-owners to dispose or retain their portion. Partition through division works best for unimproved land that can be divided without diminishing the value of a single part.

Partition Through Sale

In some cases, it may not be practical to split up a piece of property. For example, it may not be possible to divide jointly owned condos or property with limited amounts of premium land equally -- such as riverfront property or forest -- without destroying the value of the property itself. In these cases, the court may partition the property through sale, meaning the property is sold, and each co-owner receives his share of the proceeds. Often, such properties are sold at auction, and prospective buyers can bid for full ownership.

Disagreements

Joint property owners can come to an agreement without forcing a partition through a lawsuit. One owner may buy out the other if both agree to sell at a price that works for everyone. If owners can’t reach an agreement out of court, one owner may exercise his right to partition the property. In this event, both parties will incur legal fees in addition to the cost of selling the property.

About the Author

Wilhelm Schnotz has worked as a freelance writer since 1998, covering arts and entertainment, culture and financial stories for a variety of consumer publications. His work has appeared in dozens of print titles, including "TV Guide" and "The Dallas Observer." Schnotz holds a Bachelor of Arts in journalism from Colorado State University.